Appeal loged on 17 Feb 2023, C-93/23 (EUIPO v Neoperl)

EU trade mark - Application for an EU trade mark representing a cylindrical sanitary insert - Tactile position mark - Absolute grounds for refusal - Scope of the law - Court acting of its own motion - Examination of distinctive character by the Board of Appeal - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Sign not capable of constituting an EU mark - Absence of a precise and self-contained graphic representation of the tactile impression produced by the sign - Article 4 and 7(1)(a) of Regulation (EC) No 207/2009 (now Article 4 and 7(1)(a) of Regulation (EU) 2017/1001)) (2023/C 35/60)